Lawyer Ethics Opinions

Lawyer Ethics Opinions

Lawyer's Advisory Committee Opinions

Membership, Authority and Procedure

The eight members of the Lawyers' Advisory Committee are attorneys appointed by the Nebraska Supreme Court. Each Supreme Court Judicial District is represented on the Committee and the chairperson and vice chairperson are selected at large.

Pursuant to Rule of Discipline 5, the Advisory Committee may render, upon the request of a Nebraska attorney, an advisory opinion or an interpretation of the 'Rules of Professional Conduct' regarding anticipatory conduct on the part of the requesting attorney. An attorney requesting an opinion from the Advisory Committee must prepare and submit a statement of the specific facts upon which the opinion is requested and a memorandum directing the attention of the Committee to the pertinent 'Rules of Professional Conduct' and relevant case authority. The chairperson of the Advisory Committee may waive this requirement in appropriate cases.

All opinions are filed with and distributed through the Counsel for Discipline. Opinions from 1968 to present are available at this site. Select the year in the drop down menu for which year you'd like to view. Please note that the Lawyer's Rules of Professional Conduct was revised effective September 1, 2005. Opinions before the revision have not necessarily been revised to fit the current Rules.

Number: 08-02
Year: 2008
Question Presented:

An unsolicited letter sent to a judge which discusses substantive issues of a case does not constitute an improper ex parte communication if the letter is simultaneously sent to opposing counsel.

Number: 08-01
Year: 2008
Question Presented:

An attorney related by marriage to a county attorney may not represent criminal defendants because "Each Affected Client" must give informed consent, confirmed in writing and there is no means for the county attorney to obtain such informed consent from the state.It is improper for an attorney associated with a part-time county attorney to represent a defendant in a criminal case involving a...

Number: 07-05
Year: 2007
Question Presented:

A Nebraska Lawyer may advertise in an internet-based lawyer directory as long as: (1) The directory does nothing more than list lawyers and appropriate information for the benefit of those who access the directory; (2) No recommendation is made as to a particular lawyer; (3) Any fee paid by the lawyer for participation in the directory is reasonable and is fixed for a certain period of time; (4)...

Number: 07-04
Year: 2007
Question Presented:

An attorney may undertake employment as a staff attorney for the standing chapter 13 bankruptcy trustee if the attorney is properly screened from all cases involving the attorney's former clients and the clients of the attorney's former law firm.

Number: 07-03
Year: 2007
Question Presented:

A judge's spouse law firm or office is not disqualified from representing a client in front of that judge unless it is determined by the firm or office that such a representation would present a significant risk of materially limiting the representation of the client.

Number: 07-02
Year: 2007
Question Presented:

Where an attorney serves on a city council, other members of that attorney's firm are not prohibited by the rules of professional conduct from appearing before the city council on behalf of firm clients, as long as the attorney council member recuses himself or herself.

Number: 07-01
Year: 2007
Question Presented:

An online marketing services agreement which provides for an up front fee for exclusive referrals and an additional fee based on the net recovery of each case is a "FOR-PROFIT" lawyer referral service in violation of rule 7.2.

Number: 06-12
Year: 2006
Question Presented:

Does a relationship by blood or marriage disqualify an attorney from appearing on his or her client’s behalf in a proceeding where he or she would be opposing another attorney to whom he or she is related by blood or marriage, or would be opposing another attorney in the same office in which the related attorney practices?

Number: 06-11
Year: 2006
Question Presented:

An attorney may donate legal services to a charity to be auctioned by the charity as a fund raiser with the charity to keep all the proceeds of the auction if appropriate ethical safeguards are in place.

Number: 06-10
Year: 2006
Question Presented:

Whether a licensed practicing attorney in Nebraska can become contractually and financially associated with a business such as The Estate Plan (TEP) without violating the Nebraska Rules of Professional Conduct.

Number: 06-09
Year: 2006
Question Presented:

Is it ethical for a law firm to include a provision in an attorney's employment or other agreement which provides for liquidated damages if the attorney leaves the firm and then competes with the law firm?

Number: 06-08
Year: 2006
Question Presented:

A law firm consisting of two attorneys wishes to form a collection agency as a Nebraska L.L.C. The collection agency will be a completely separate entity however the law firm will own and manage the collection agency. The collection agency will not have any of its own employees, rather the law firm will contract with and lease employees to the collection agency.

Number: 06-07
Year: 2006
Question Presented:

Whether an attorney may tape record a telephone conversation or an in-person communication with a non-client without disclosing the fact that the communication is being recorded.

Number: 06-06
Year: 2006
Question Presented:

1. Can a suspended attorney do research, writing, and other projects for the firm where the suspended attorney previously practiced law if the suspended attorney works from a location away from the firms office and has no contact with clients of the firm? 2. Can a suspended attorney do investigative work for the firm where the suspended attorney previously practiced law if the suspended attorney...

Number: 06-05
Year: 2006
Question Presented:

I. Whether there are any ethical issues involved in sharing a computer server with various county offices. II. Whether a public defender is required to use its own computer server.

Number: 06-04
Year: 2006
Question Presented:

I. Whether an inactive attorneys notice to real estate clients which informs them that the attorney is inactive and will not provide legal services in the context of real estate transactions is sufficient so as to not create an attorney-client relationship. II. Whether such notice to real estate clients is sufficient so as to exempt the application of ethical rules to the law-related services...

Number: 06-03
Year: 2006
Question Presented:

Whether it would be unethical for an attorney to assert a lien on a former clients child support judgment as a means of collecting outstanding legal fees.

Number: 06-02
Year: 2006
Question Presented:

May an attorney during the course of his immigration practice charge a flat fee when a client requests representation in a removal proceeding? Question presented should all or part of a flat fee go into a lawyers trust account?

Number: 06-01
Year: 2006
Question Presented:

May an attorney who accepts appointments as guardian ad litem in one county also act at the same time as part time deputy county attorney in another county in Nebraska?

Number: 04-2
Year: 2004
Question Presented:

I. Whether a lawyer violates the code of professional responsibility by participating in public seminars sponsored by charitable organizations or for-profit entities where the purpose is to both educate the public and generate business for the sponsoring organization and the lawyer. II. Whether a lawyer violates the code of professional responsibility by socially entertaining non-lawyers and...